IHREC Designate calls on the State to ensure all State Inquiries meet human rights standards and can lead to adequate redress for victims

The Irish Human Rights and Equality Commission Designate (IHREC Designate) today published its report to the UN Human Rights Committee in advance of Ireland’s hearing on its record on meeting the standards set out in the International Covenant on Civil and Political Rights in July in Geneva.

The IHREC Designate Report covers the range of civil and political rights challenges facing Ireland today. These include: the human rights and equality infrastructure, the need for effective remedies in Irish law, direct provision, policing, prison conditions, Traveller ethnicity, Roma rights, human trafficking, violence against women, religion and education, racial discrimination, legal capacity for persons with disabilities, the State’s response to institutional abuse and the impact of austerity measures.

Betty Purcell, Acting Chair of the IHREC Designate said “Overall our report examines how Ireland is performing against its international civil and political rights obligations. It welcomes advances in areas such as Marriage Equality, records the lack of progress in many areas highlighted by the UN Human Rights Committee in 2008 when Ireland last reported and puts the spotlight on emerging issues where the State’s response to date has fallen short of its obligations.”

On the overarching issue of effective remedies for people seeking to vindicate their rights, Ms Purcell said: “The State has not incorporated the International Covenant on Civil and Political Rights into Irish law and continues to have difficulty in conducting effective and timely investigations which meet human rights standards and can lead to adequate redress for victims. The McAleese Inquiry into the Magdalen Laundries was non-statutory and although the Taoiseach’s apology and promise of an ex gratia compensation system are welcome, they do not correspond to human rights remedies. A prompt, thorough and independent inquiry with the powers to establish the truth and lead to timely remedies for victims is still outstanding.”

Ms Purcell continued “In our report we note how the Vaccine Trials Inquiry collapsed in 2004 after being struck down by the Courts. The Gary Douche inquiry was only completed this year under the Commissions of Investigations Act 2004, the Act to be employed for the proposed Mother and Baby Homes inquiry. We know that survivors of child abuse, symphysiotomy and other historic abuses have faced legal barriers under the Statute of Limitations Acts in bringing legal claims and this has been upheld under the Constitution. These are all matters the State must address before the UN next month.” 

Addressing the specific issue of the asylum system and direct provision, Ms Purcell said “The IHREC Designate is concerned that systemic delays in processing asylum applications and appeals is causing undue hardship and threatens people’s fundamental dignity. A process which should take six months may last between five and ten years leaving families and children to struggle in cramped conditions with little money, privacy or access to work or education. We are calling for the State to introduce legislative reform without delay that introduces a single application procedure for all seeking protection and a right to appeal to an independent appeals mechanism.”

Highlighting the situation of Travellers, Ms Purcell said “The Traveller community still experience significant discrimination and disadvantage in their lives linked to their identity. Recognition of ethnicity would afford the Traveller community greater human rights protection. The Oireachtas Committee on Justice, Defence and Equality following wide consultation has unequivocally called for Traveller ethnicity to be recognised. The IHREC Designate is calling on the State to do the same without delay.”

Speaking on the importance of a human rights and equality culture in An Garda Síochána, Professor Siobhán Mullally, IHREC Designate Member said: “The proposed Police Authority should be established with sufficient independence, resources and functional capacity to address the deficits in accountability and oversight of An Garda Síochána which have recently come to light. The new Authority has a vital role to play in ensuring An Garda Síochána meet all the aspects of accountability set out in the Patten Report on Policing in Northern Ireland. The State must also ensure that proper accountability structures that meet international human rights obligations are in place within An Garda Síochána. In practice this means effective investigations following suspicious deaths, addressing foreseeable risks of human rights violations, and having in place proper complaints mechanisms to deal with human rights violations by the police.”

In relation to the Garda Síochána Ombudsman Commission (GSOC), Professor Mullally said: “It is important that GSOC be insulated from Ministerial control by being made accountable to the Oireachtas and independent in its functioning and budget. The relationship between the Policing Authority and GSOC should be complementary and clearly defined so as to ensure the independence of GSOC. The Policing Authority should be able to bring to the attention of GSOC matters of concern that might warrant an investigation by it. There should be an alignment of disciplinary procedures that flow from GSOC investigations. Henceforth GSOC should be empowered to consider all complaints concerning An Garda Síochána, including issues of national security with appropriate safeguards. Complaints should encompass not only alleged misconduct by members of An Garda Síochána, but include poor standards of service and alleged violations of human rights and equality.”

Conditions in prisons remain a serious concern. Professor Mullally said “The IHREC designate welcomes moves by the State to use non-custodial sanctions as an alternative to imprisonment. Such a progressive strategy if incorporated in a systematic way within the State’s penal policy has the potential to reduce the prison population by one-third within 10 years. This would in turn reduce chronic overcrowding and the inter-prisoner violence and unrest that ensue; making prison a safer place for prisoners and prison staff. We would welcome a statement from the State as to its endorsement of such a strategy, if it will be central to penal policy and what practical steps are planned.”

Professor Mullally continued “All assaults or deaths should be documented thoroughly and all investigations must be robust, independent and transparent. In 2012, it was announced that the death of any prisoner in custody should be the subject of an independent investigation by the Inspector of Prisons and, while this is welcomed by the IHREC Designate, we would urge the State to ensure that the Inspector has the appropriate statutory powers to allow him or her carry out this role effectively.”

Domestic, sexual and gender-based violence remains a serious problem in Ireland as in other European states. Professor Mullally said “The IHREC Designate is concerned that the State has not yet signed or ratified the terms of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence. We have recommended that the State closely monitors the incidence of all forms of violence against women, as well as putting in place measures to protect particularly vulnerable groups such as Traveller women, migrant women, asylum-seeking and refugee women and women with disabilities. This includes the restoration of adequate resources to combat domestic violence.”

Professor Mullally continued: “There is evidence to suggest that victims of domestic violence from minority and migrant groups face specific risks. A victim of domestic violence who cannot meet the Habitual Residence Condition may be forced to choose between remaining in a violent situation or facing destitution and homelessness due to her inability to access essential support services. This is unacceptable and must be addressed.”

In relation to human trafficking, Professor Mullally said: “The IHREC Designate is pleased that, since the last report, a number of welcome steps have been taken by Ireland in relation to survivors of trafficking and forced labour at legislative, policy and service level. We are concerned, however, at the lack of analysis of the impact on of the measures adopted by the State. We have repeatedly stressed that the issue of trafficking and forced labour needs a human-rights based approach, one that puts trafficked persons at the centre of all efforts to prevent and combat trafficking. This means effective measures which will protect, assist and provide redress to victims as well as prosecuting traffickers. We would encourage the State to introduce a new national anti-human trafficking plan, and appoint an independent national rapporteur. This would go some distance towards the State’s obligations under EU law and recommendations set out by the Council of Europe Group of Experts on Action against Trafficking in Human Beings.”

Other issues addressed in the report include the need for better human rights safeguards to protect people in the care of mental health institutions and in the Assisted Decision-Making (Capacity) Bill 2013. It highlights the State’s failure to ratify the Convention on the Rights of Persons with Disabilities which it signed in 2006.  The report also calls for better supports to the Roma Community, a full review of the Prohibition on the Incitement to Hatred Act, 1989, and the introduction of legislation to prohibit discrimination in access to schools on the grounds religion, belief and other status.

ENDS/

For further information please contact Fidelma Joyce, IHRC, Tel: 01 8589601, Mob:  087 783 4939

Notes to Editor

•  ICCPR Report Launch, 11am, 16 June, IHRC/Equality Authority, Jervis House, Jervis St, Dublin 1

• The Irish Human Rights and Equality Commission designate (IHREC) is Ireland’s National Human Rights Institution (NHRI) and recognised as such by the UN. We are expected to critique the Government’s record and provide expert assistance to the UN Human Rights Committee. On that basis we will travel to Geneva next month and formally brief the Committee on the report we are launching here today.

• Ireland ratified the United Nations International Covenant on Civil and Political Rights (ICCPR) in 1989 which means it is bound under international law to comply with its provisions. 

• The UN Human Rights Committee, as the supervisory body to the Covenant, reviews all state’s compliance with the Covenant periodically. To date Ireland has been reviewed three times. The Irish State was last reviewed by the Committee in 2008 and at the end of the Hearing the Committee produced Concluding Observations (CCPR/C/IRL/CO/3) where it set out a list of recommendations that Ireland needed to address to meet its human rights obligations.

• The 4^th periodic review takes place in one month. Ireland will appear before the Human Rights Committee for a hearing on the 14 and 15 of July 2014.  In advance of that appearance Ireland submitted its own report (Fourth Periodic Report – CCPR/C/IRL/4) on its compliance with the ICCPR in July 2012.

• In preparation for the Hearing, the UN Human Rights Committee prepares a List of Issues (CCPR/C/IRL/Q4) document setting out what are its main concerns. The IHRC provide a submission to the Committee in advance of the preparation of the List of Issues for Ireland’s Fourth Periodic Review. The submission is non-exhaustive and reflects issues previously raised by the Committee where the IHRC considers there has been a significant change or no movement since the last examination of Ireland, or where the IHRC considers that the State Report does not clearly reflect the current situation. The IHRC provided this submission with the aim of being of assistance to the Committee in preparing the List of Issues.

• The Committee published its List of Issues in November 2013 and the Irish Government submitted its response to the List of Issues document (CCPR/C/IRL/Q/4/Add.1) in February 2014.

• As Ireland’s National Human Rights Institution with “A” Status, the IHRC submits a full Shadow Report on the ICCPR by 13 June 2014 to the UN Committee in advance of the Ireland’s Hearing in July.

• At the Hearing, Ireland will send a ‘delegation’ of members from the government, which usually consists of a government Minister and senior officials from different government departments.  Others who attend the session are members of the national human rights institution (IHRC) and civil society organisations such as charities and non-governmental organisations or NGOs. The Human Rights Committee has 18 independent experts, from different countries, who are appointed to the Committee for a period of 4 years.  At each committee session, the Committee members will have considered the documentation in advance.

   

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